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, and it should likely be a death penalty case under federal law. i believe that the federal confidence in doing this at this time is extraordinary. >> cenk: all right, beth what are your thoughts here? any reason to call him an enemy combatant, are you in favor or opposed to it. >> well, it's not my opinion it's the law. he's not an enemy combatant. he's captureed on american soil. it has to be shown that he was in control or in concert with an foreign enemy. in this case it didn't meet that standard, so the law took care of itself. >> cenk: that's true. they called jose pedea made up how he was a dirty bomber and then later when they were forced to go to trial they said, yeah, well, turns out he wasn't a dirty bomber, but he was doing other things not related to us, but still terror, and he's in jail now but isn't that the problem, kevin, when you trust people to the government to just label the people enemy combatant correctly, that's not again the american system. >> in that case he was actually in a military prison and was actually transferred to a miami federal prison. you're right jay car
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